Category Archives: Personal Injury
Will Tennessee “Privatize” Workers’ Compensation?
Having radically changed the state’s workers’ compensation rules two years ago, Tennessee legislators may go one step further and allow large employers to opt out of the system altogether. Under bills pending before both houses of the Tennessee General Assembly, a “qualified employer” could be “exempt from the Workers’ Compensation law” if it establishes… Read More »
Federal Regulators Announce Stricter Car Safety Ratings
More than 32,000 people die every year in car accidents, according to statistics from the National Highway Traffic Safety Administration. And in the first six months of 2015, the NHTSA noted a “troubling increase” of more than 8% in fatalities over those reported the previous year. U.S. Transportation Secretary Anthony Foxx, who oversees the… Read More »
Holding Manufacturers Responsible for Fatal Workplace Accidents
Thousands of Tennessee workers suffer serious workplace injuries every year. Tragically, some of these workplace injuries result in death. While some of these cases may truly be accidental or unavoidable, many workplace injuries and fatalities are the result of an employer’s negligence and insufficient safety practices. Unfortunately for workers and their families, employers are… Read More »
Workers’ Compensation Under Attack from Big Business
The idea behind workers’ compensation is simple: When an employee is injured, or even killed, in a workplace accident, the employer agrees to pay a fixed amount of benefits. Workers’ compensation is thus supposed to provide a safety net for workers so they can receive compensation without having to fight their employer in court…. Read More »
Who Is Liable if an “Act of God” Causes a Car Accident?
Inclement weather, particularly winter snow and ice, often raise the risk of getting into a car accident. While bad weather does not excuse negligent driving, it may be raised as a defense in a personal injury lawsuit. That is why it is important to understand how Tennessee law addresses poor weather conditions in assessing… Read More »
Can I Bring a Personal Injury Lawsuit Against a Foreign Country?
Thousands of Tennessee residents travel abroad every year. But if you suffer a serious injury due to negligence while in another country, can you seek damages in a United States court? The Supreme Court recently addressed such a case, holding there is a high bar to personal injury lawsuits against business entities owned by… Read More »
When Will a Tennessee Court Find Mandatory Arbitration “Unconscionable”?
Forced arbitration is an ongoing problem for Tennessee residents seeking justice. Many nursing home abuse, medical malpractice, and other personal injury claims are kept out of court through mandatory arbitration clauses in contracts. In most cases, the injured party (or their family) is unaware they are signing away their due process rights. And Tennessee… Read More »
How Industry Standards Apply to Product Liability Cases
There are many ways to prove negligence in a product liability case. For instance, a manufacturer can be held liable for “negligent design,” where there is a defect inherent in the property’s design. This does not mean, however, a product must be 100 percent safe or incapable of injuring someone. Rather, Tennessee courts look… Read More »
How Traffic Cameras May Affect Your Personal Injury Lawsuit
Traffic cameras are commonplace throughout Tennessee. And while we tend to think of cameras in terms of ticketing drivers for speeding, they can also provide valuable information in the event of a car accident. This can prove especially helpful (or not so helpful, depending on your perspective) in the event an accident victim brings… Read More »
When Am I Entitled to Uninsured Motorist Benefits Following an Accident?
Uninsured motorist coverage provides benefits if you are injured in a car accident with another at-fault driver who lacks sufficient insurance. Most states, including Tennessee, require automobile insurance companies to offer a certain level of uninsured motorist coverage. But there are still many cases where the scope of uninsured motorist coverage may be unclear,… Read More »
